Barnsley Building Society Solicitor Panel Recently Asked Questions from members of the public
The lawyer I had intended to instruct on a remortgage said he would charge more if my lender is due to their unusual legal requirements. Will I regret using Barnsley Building Society? Any comments will be appreciated
Barnsley Building Society conveyancing requirements for their panel are no better or no more complicated than most lenders.
It is the case now the CML Handbook, the "bible" used by solicitors to establish lender requirements, is different for each lender.
It is not clear if your lawyer is on the Barnsley Building Society conveyancing panel. If they are not, this does add further risk of delay as Barnsley Building Society will appoint their own solicitors to look after their interest.
Our solicitor has identified a problem with the lease for the apartment we are purchasing. The seller’s lawyers have suggested title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor says that as he is on the Barnsley Building Society conveyancing panel he must be satisfied that the lender is happy with this solution. Are we the client or is Barnsley Building Society?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Barnsley Building Society are the client. A precondition to being on the Barnsley Building Society approved panel is to comply with the CML Handbook requirements (last updated for this lender on Barnsley Building Society). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Barnsley Building Society can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I need to find a Barnsley Building Society panel solicitor in Belfast. Can you assist?
It is not clear why you need a Barnsley Building Society panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Barnsley Building Society to find out which solicitors in Barnsley Building Society are on their panel. If you do find such a firm not listed please direct them to our site to list. At a fee of one pound per month it is not expensive to register on the site
My solicitors in Birmingham have advised me that they can not locate my conveyancing file. To assist with my purchase I took out a mortgage with Barnsley Building Society. Is it case that being on the Barnsley Building Society conveyancing panel they need to have retained the file for a number of years?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Barnsley Building Society Conveyancing Panel Terms. It might be worth you contacting Barnsley Building Society directly.
Do conveyancing lawyers on the Barnsley Building Society conveyancing panel work on a no sale no fee basis?
In the main there are no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their package
I have paid off my mortgage with Barnsley Building Society. I assume I don't need a solicitor on the Barnsley Building Society panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Barnsley Building Society mortgage they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barnsley Building Society mortgage from the register. Barnsley Building Society,and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
but are not moving to another property
where the Barnsley Building Society has sent the Land Registry the discharge electronically, and
the Barnsley Building Society has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Barnsley Building Society mortgage has been paid off.
My offer on house has been accepted, the seller does however have a dependent purchase. The vendors have offered on somewhere, but not been accepted yet, and have viewings of other properties booked. My conveyancing solicitor has been instructed. What should be my next step? At what point should I appy for the mortgage with Barnsley Building Society?
It is usual to have concerns where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx £1k, then survey/valuation, conveyancing search costs, etc). First you should check that your solicitor is on the Barnsley Building Society conveyancing panel. As to the next stages this very much depends on the circumstances of your case, desire for this property and on the state of the market. In a hot mortgage some buyers would pally for the mortgage with Barnsley Building Society and pay for the valuation and only if it comes back ok would they pay their solicitor to press on with searches.
